Berman v. Hoke
Missouri Court of Appeals
Appeal from, the Phelps Circuit Court.—Hon. C. C. Bland, Judge. (1) The court erredin refusing to allow respondent to prove by witness, Louis Berman, first, that he had been convicted of an infamous crime; second, that he 'had pleaded guilty to changing the mark of a hog with intent to steal it.
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Appeal from, the Phelps Circuit Court.—Hon. C. C. Bland, Judge. (1) The court erredin refusing to allow respondent to prove by witness, Louis Berman, first, that he had been convicted of an infamous crime; second, that he 'had pleaded guilty to changing the mark of a hog with intent to steal it. State v. Miller, 100 Mo. 606; State v. Taylor, 118 Mo. 153; Wharton’s Criminal Practice [9 Ed.], 474;. 1 Bishop’s Criminal Practice, sec. 1185. (2) Instructions numbered 4 and 6 for plaintiff contain the legal fallacy, that tender to a mortgagee of chattels, in possession after forfeiture, destroys…
1Opinion of the CourtBond, J.
—The facts in this case, which are undisputed, are that Elizabeth Berman and. her husband, Louis Berman, came to Phelps county, Missouri, from the state of Michigan, and moved upon the farm of Q-. W. Hoke under a lease, and purchased from him certain stock, paying $270 in cash and the husband’s note for $107, secured by a chattel mortgage on other horses, which were acquired by said Elizabeth Berman from “her folks” while she and her husband lived in Michigan, and which were claimed by -her as her separate property during her residence in this state; and *378that, at the time of the giving of…
2Cases cited4 opinions
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State v. TaylorSupreme Court of Missouri · 1893
- Bank on Warren County v. KembleMissouri Court of Appeals · 1895
- Jackson v. CunninghamMissouri Court of Appeals · 1887
3Cited by4 opinions
- Hudson Bro's Commission Co. v. Glencoe Sand & Gravel Co.Supreme Court of Missouri · 1897
- Knight v. Firemen's InsuranceMissouri Court of Appeals · 1932
- Scofield v. American Mutual InsuranceMissouri Court of Appeals · 1932
- Stallmaker v. Great American Insurance Co.Missouri Court of Appeals · 1963